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M/s. Shyam Sel & Power Ltd. and others Versus Commr. of Central Excise, Bolpur

Waiver of pre-deposit of duty - Determination of assessable value of manufactured goods cleared to their sister concern on payment of duty - penalty u/s 11AC - Held that:- Tribunal by its order dated 6th March, 2008 remanded the case to the adjudicating authority for verification of the appellant’s claim on the availability of sale price of goods and to determine the assessable value in accordance with the decision of Larger Bench of this Tribunal in Ispat Industries Ltd. case (2007 (2) TMI 5 - .....

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all the relevant invoices and other evidences that would be produced by the appellant during the course of adjudication so as to ascertain whether during the relevant sale price to independent buyers were available. It is also directed that the appellant would deposit ₹ 5.00 Lacs as offered by them within a period eight weeks and report compliance directly to the Commissioner. - Decided partly in favour of assessee. - S.P. Nos. 559-564/2009 and Excise Appeal Nos. E/390-395/2009 - Order No .....

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Rs.86,66,816/- 395/2009 Rs.17,64,668/- Rs.17,64,668/- 390/2009 Rs.59,33,424/- Rs.59,33,424/- 391/2009 - Rs.10,00,000/- 393/2009 Rs.14,21,983/- Rs.14,21,983/- The demands were confirmed against the Applicants for the period 2002-2003 to 2004-2005 on the ground that the applicants have failed to produce necessary evidence of sale of goods to independent buyers, so as to determine their assessable value of their goods cleared to sister concern, in accordance with the principle laid down by the Larg .....

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ed to him by the officers were handed over to the Applicants only after passing of the impugned Order, even though in confirming the demand these reports were relied upon by the adjudicating authority. He categorically submits that if an opportunity is provided to them they could establish before the Ld. Adjudicating authority, that invariably in all cases, independent sale price of the goods, atthe relevant point of time, were available. Further, at this stage, he offers to deposit ₹ 5.00 .....

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h sides for some time, we find that the appeals itself could be disposed off at this stage. Accordingly, with the consent of both sides, we take up the appeals for disposal. 6. We find that the central issue in the present Appeals relates to determination of assessable value of manufactured goods cleared to their sister concern on payment of duty. Revenue s contention is that the value should be determined in accordance with Rule 8 of the Central Excise Valuation Rules, 2000 as 115%/110% of the .....

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